Madras High CourtCRL OP/26433/2025ordered

M.Shanmugam v. State Rep.By

2025-09-25Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR 1.M.Shanmugam 2.P.Selvam Petitioner(s) Vs

1. State Rep.By The Deputy Superintendent of Police, Thirukoilur, Kallakurichi District.

2.The Inspector of Police Sankarapuram Police Station, Kallakurichi District Crime No 553 of 2025 3.Vadivel Respondent(s) PRAYER Writ Petition filed under Section 528 of BNSS, 2023 to direct the learned District and Sessions Judge (Special Judge of SC and ST (Prevention of Atrocities) Act) Kallakurichi to consider and dispose of the bail application of the Petitioners on merits in connection with the case in Crime No.553 of 2025 on the file of the second respondent herein on the same date of their surrender. For Petitioner:

Mr.C.Munusamy For Respondent:

Mr.R.Vinothraja for R1 and R2 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Special Court for SC/ST Act Cases, Kallakurichi District to consider and dispose of the bail application of the Petitioners on merits in connection with the case in Crime No.553 of 2025 on the file of the second respondent herein on the same date of their surrender.

2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned Special Court for SC/ST Act Cases, Kallakurichi District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.553 of 2025 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The petitioners shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed. 25-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Registry is directed to issue order copy on 25.09.2025 ssd

To 1.State Rep.By The Deputy Superintendent of Police, Thirukoilur, Kallakurichi District.

2.The Inspector of Police Sankarapuram Police Station, Kallakurichi District Crime No 553 of 2025 3.Vadivel S/o.Muniyan Indira Nagar Colony Melpattu, Sankarapuram Taluk Kallakurichi District

N.SATHISH KUMAR J.

ssd CRL OP No. 26433 of 25-09-2025